MANILA – The Court of Appeals (CA) has turned down a petition filed by one of the 44 Bureau of Immigration (BI) employees facing charges before the Office of the Ombudsman in connection with the "pastillas" bribery scandal last year.
In a resolution written by Associate Justice Geraldine C. Fiel-Macaraig released recently, the appellate court's Ninth Division dismissed the petition filed by Jennifer Timbreza and her spouse Al-Saad N. Timbreza, adding that the same was belatedly filed.
The petitioner had been among those charged by the Ombudsman with grave misconduct, gross dishonesty, and conduct prejudicial to the best interest of the service and had been placed under preventive suspension last October 26.
Last January, the Ombudsman directed Timbreza to file a counter affidavit to the complaint filed against her by the National Bureau of Investigation -Special Action Unit.
Timbreza claimed before the Ombudsman that the copy of the complaint did not contain any supporting affidavits or documents and should no longer be used against her. Last March, the Ombudsman subsequently furnished her a copy of the said supporting affidavits and documents.
In her petition before the CA, Timbreza claimed that she had been denied of her constitutional right to due process when she was suspended without pay and when she was directed to file counter-affidavits to the complaint which did not originally have the supporting documents.
The court, however, said the petitioner had 60 days from receipt of the questioned orders but the petition was belatedly filed only on June 15.
"Accordingly, this court no longer has jurisdiction to act on the instant petition," the tribunal said.
Last year, President Rodrigo R. Duterte personally summoned the erring immigration officials and gave them a dressing down in Malacañang.
Ombudsman Samuel Martires ordered the suspension following a BI report that there were discrepancies between the statements of assets, liabilities, and net worth (SALN), and the salaries of some employees tagged in the airport bribery scheme.
The bribery scheme refers to the operation wherein grease money was rolled up in paper, like the wrapper of "pastillas", a milk candy.
The scheme was exposed in February last year where corrupt immigration officials allowed Chinese nationals to enter the country without undergoing background checks in exchange for money. (PNA)
